...
Summary of differences between federal and state regulations
Employers in North Carolina need to be aware of not only the federal FMLA provisions, but also the state provisions for parent involvement in schools, leave protections for victims of domestic violence or sexual assault, and to perform in civil air patrol.
Since the state leave provisions for parent involvement in schools or civil air patrol duties do not involve serious health conditions, they should not interfere with the federal FMLA.
State employees also have their own family illness leave provisions that go beyond the federal FMLA.
Parent involvement in schools
The state provisions do not specify any definition for which employers are covered for the leave for parent involvement in schools.
Employee eligibility
The state provisions do not specify any definition for this specific requirement.
Leave entitlement
Employers must grant four hours of leave per year to any employee who is a parent, guardian, or person standing in loco parentis of a school-aged child so that the employee may attend or otherwise be involved at that child’s school. However, any leave under this section is subject to the following conditions:
- The leave shall be at a mutually agreed upon time between the employer and the employee.
- The employer may require an employee to provide the employer with a written request for the leave at least 48 hours before the time desired for the leave.
- The employer may require that the employee furnish written verification from the child’s school that the employee attended or was otherwise involved at that school during the time of the leave.
Type of leave
This law provides for leave only for parent involvement in schools.
Maintenance of health benefits
There is no state provision which requires an employer to maintain coverage under any group health plan while the employee is on parental leave.
Job restoration
Employers must not discharge, demote, or otherwise take an adverse employment action against an employee who requests or takes parental leave.
Notice
Employers may require an employee to provide a written request for the leave at least 48 hours before the time desired for the leave. Employers may also require that the employee furnish written verification from the child’s school that the employee attended or was otherwise involved at that school during the time of the leave.
State employee family illness leave
In addition to the 12 weeks of leave per year provided by the federal FMLA (which is similar to state statutes), state employees are entitled to up to 52 weeks of leave without pay during a five-year period in order to care for the employee's child, spouse, or parent, when that child, spouse, or parent has a serious health condition.
This leave is available to employees who qualify for federal FMLA.
The same provisions and procedures apply to this additional leave that apply to the 12 weeks, except the following:
- A part-time employee is entitled to 52 weeks, regardless of their work schedule.
- During this period of leave without pay, employees must pay the health plan premiums if they choose to maintain coverage.
- This period of leave may be accounted for separate from the 12 weeks under the FMLA. It does not affect the method used to determine the 12-month period.
- The five-year period begins on the date that the employee uses the 52-week provision.
Leave for victims
Employers may not take an employment action against an employee because the employee took reasonable time off from work to obtain, or try to obtain, relief due to being a victim of domestic violence or sexual assault (including stalking).
Employees are to follow your usual time-off policy or procedure, including advance notice, when required, unless an emergency prevents such a notice. You may require documentation of any emergency that prevented the employee from complying with your policy or procedure.
Civil air patrol
All North Carolina employers must allow employees to take up to 14 unpaid days of leave per calendar year to perform Civil air patrol duties.
Employees may take up to seven consecutive scheduled working days of unpaid leave.
Employees need not meet any eligibility criteria.
Employees may choose to use any paid leave available to them through their employment.
Employers may require that the employee furnish a copy of the employee's mission order.
Employers must not discriminate against, discharge, demote, or otherwise take an adverse employment action against any employee that is a member of the North Carolina Wing-Civil Air Patrol on the basis of that membership, or any absence required to perform duties.
State contacts
North Carolina Department of Labor
www.labor.nc.gov/
State statutes/regulations
North Carolina General Statutes, §95-28.3 Leave for parent involvement in schools
http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_95/GS_95-28.3.html
North Carolina Administrative Code, Title 25 State Personnel, Chapter 1 Office of State Personnel, Subchapter E Employee Benefits, §25 NCAC 01E.1412, Family Illness Leave
North Carolina General Statutes, Chapter 50B Domestic violence, section 50B-5.5 Employment discrimination unlawful.
http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_50B/GS_50B-5.5.html
North Carolina General Statutes, Chapter 50C Civil No-Contact Orders, section 50C-1 Definitions.
http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_50C/GS_50C-1.html
North Carolina General Statutes, Chapter 95 Department of Labor and Labor Regulations, Article 23 Workplace violence protection, section 95-270 Employment discrimination unlawful.
http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_95/GS_95-270.html
Civil air patrol
North Carolina General Statutes, Chapter 143B, Article 13, section 143B-1033 Employment absence
Federal
ContactsUS Dept. of Labor, Wage & Hour Division
Regulations
29 CFR Part 825, “The Family and Medical Leave Act of 1993”